Jersey Unreported Judgments

2000/79

4 pages

ROYAL COURT

(Samedi Division)

 

5^th May, 2000.

 

Before:    P.J. de Veulle, Esq., Lieutenant Bailiff, and

                                                      Jurats Myles and Georgelin.

 

 

The Attorney General

 

-v-

 

William Francis Joseph Byrne

 

FIRST INDICTMENT.

 

1 count of  dangerous driving, contrary to Article 14(1) of the Road Traffic (Jersey) Law, 1956 (count 1);

 

SECOND INDICTMENT.

 

1 count of possession of a controlled drug, contrary to Article 6(1) of the Misuse of Drugs (Jersey) Law, 1961:

                  Count 1: MDMA

 

THIRD INDICTMENT.

 

1 count of  larceny (count 1);

1 count of  violently resisting a police officer in the execution of his duty (count 2).

 

Age:    23

 

Plea:  Guilty

 

Details of Offence:

 

FIRST INDICTMENT: Drove at 80 m.p.h. on wet roads on which other traffic and pedestrians were present;

SECOND INDICTMENT Possessed 10 tablets for personal use.

THIRD INDICTMENT

count 1: Stole an empty wallet in a night club.

count 2: Struggled with police while being arrested for ii).

 

Details of Mitigation:

 

Youth; plea; remorse.

 

Previous Convictions:    One previous for Class 'B' possession.

 

Conclusions:               FIRST INDICTMENT

                      Count 1:   £200 fine; 6 months' disqualification from driving.

 

                      SECOND INDICTMENT

                      Count 1:   9 months' imprisonment.

 

                      THIRD INDICTMENT

                      Count 1:   1 month's imprisonment;

                      Count 2:   2 months' imprisonment.

                      All custodial sentences to run consecutively.

                      TOTAL: 12 months' imprisonment; £200 fine; 6 months' disqualification from driving.

 

Sentence & Observations of Court:

 

                      FIRST INDICTMENT

                      Count 1:   £200 fine or 2 weeks' imprisonment in default of payment; 6 months' disqualification from driving.

 

                      SECOND INDICTMENT

                      Count 1:   1 year's probation order with condition of attending Drugs & Alcohol Service & submitting to regular

                                      urine tests.

 

                      THIRD INDICTMENT

                      Count 1:   1 year's probation order, concurrent, with condition of attending Drugs & Alcohol Service &                                                 submitting to regular urine tests.

                      Count 2:   1 year's probation order, concurrent, with condition of attending Drugs & Alcohol Service &                                                 submitting to regular urine tests.

 

C.E. Whelan, Esq., Crown Advocate.

Advocate R. Juste for the accused.

 

 

JUDGMENT

 

THE LIEUTENANT BAILIFF:

 

1.      William Francis Joseph Byrne arrived in Jersey in May, 1998, shortly after release from prison in Ireland for a drugs offence.

 

2.      In the six weeks from 25^th September, 1999, to 8^th November, 1999, Byrne was involved in three unrelated incidents which is why he is here before us today.

 

3.      On 25^th September, 1999, he drove a motor vehicle at speeds estimated to be somewhere between 60 and 80mph; he was arrested, released and warned for a Parish Hall inquiry.  Two days before that inquiry was to take place, he was arrested on 2^nd October, 1999, for possession of ecstasy with a value of somewhere of the order of £100.  He was presented before the Magistrate two days later and was remanded in custody until 1^st November, 1999, when he was released on bail with conditions.

 

4.      A week later, on 8^th November, 1999, and with the other two charges still outstanding, Byrne was involved in an incident at 'Quids Inn' nightclub involving a stolen wallet and, on his arrest, offered resistance to the officer concerned.

 

5.      In all three indictments the Crown has been able to find mitigating circumstances, but, quite rightly, draws attention to the seriousness of the assault on the police officer whilst Byrne was apparently under the influence of alcohol.

 

6.      We have read a number of letters which attest to Byrne's basic honesty and willingness to work hard.  We have read, in the defence bundle, a letter from the defendant expressing his resolve to cease his drugs habit and of the efforts which he has made so far.  We have also carefully read the probation report, together with a letter from a nurse at the prison.  We have further had the benefit of a report from the director of the Drugs and Alcohol Service.  This morning Byrne's counsel gave us a supplementary bundle which merely served to underline those documents which we have already read.

 

7.      On the first count of dangerous driving, we concur with the Crown's conclusions and impose a fine of £200 or 2 weeks' imprisonment in default of payment, together with 6 months' disqualification from holding or obtaining a driving licence.

 

8.      Byrne, you have already spent the equivalent of more than 10 months' in prison and we are not going to prolong this any further.  Therefore, on the second and third indictments, we are minded to place you on probation for a period of 1 year with conditions.  We have heard from your counsel, Advocate Juste, that this could be considered as double punishment but we feel that you will find it beneficial to have the support and advice of those professionals.

 

[Counsel for the accused, after conferring with her client, concurred with the Court's imposition of a Probation Order.]

 

9.      We have noted that even if your resolve is to have no more to do with illegal drugs, the same may not be true of alcohol and this may lead you into further trouble.  We sincerely hope not.  But nevertheless these are the conditions which we are going to impose with your Probation Order: first, insofar as concerns illegal substances, we are going to order that you submit to regular urine testing as your probation officer directs.  Secondly, you are to attend the Alcohol and Drugs Service in order to ensure that your alcohol consumption is kept to an agreed and a moderate level.  We believe that it is important that you integrate yourself back into normal society just as quickly as possible and for that reason we are inclined not to impose a community service order.

 

10.    Byrne, you must now report to the Probation Service and abide by the conditions that are set.  However, you must also understand that any breach of the terms of your Probation Order will be viewed most seriously by this Court and we hope never to see you before us again.  We further order the forfeiture and destruction of the drugs.

 

 

Authorities

 

A.G. -v- de la Haye & Kearny (15^th December, 1995) Jersey Unreported.

 

A.G. -v- Buesnel (21^st August, 1996) Jersey Unreported.

 

A.G. -v- McDonough (7^th March, 1997) Jersey Unreported.

 

A.G. -v- Jones (1^st May, 1998) Jersey Unreported.

 

A.G. -v- Venton (30^th January, 1998) Jersey Unreported.

 

A.G. .-v- Rowe (18^th June, 1999) Jersey Unreported.

 

A.G. -v- McCarthy (1^st November, 1999) Jersey Unreported.